The rule of law and the individualization of punishment in Thailand

Abstract

The criminal justice system is the individualization of punishment, which is the most effective criminal process. The objectives of the article are: (1) to study the punishment of an individual under the rule of law; and (2) to study what factors are taken into consideration in criminal punishment, along with the discretion of the court. In Thailand, due process of law must prevail. The findings of the research found that under the rule of law, the judicial process should completely inspect two aspects of examination principle, namely, the facts surrounding the offense and the facts surrounding the offender, which will be transferred to the court in order to deliver the proper judgement by using the quality of being discreet. As suggestions for the Individualization of punishment, the judge would take the rule of law into consideration and set the standard of this task. The judgement must follow the basis of facts, which are applied from the examination principle, in order to judge/sentence the particular case equitably. This could utilize the “Criminal Enforcement Measures” applied to the appropriate person or offender.